(A) The City Council hereby finds that the fees charged under this subchapter are for the purpose of reimbursing the city for charges incurred for engineering as a result of development occurring on real property.
(B) The fees charges and imposed by this subchapter are not intended to be a tax on property or on a property owner as a direct consequence of ownership of property within the meaning of § 11b, Article XI of the Oregon Constitution or the legislation implementing that section. Even if the charges imposed herein are viewed under § 11b, Article XI of the Oregon Constitution as a tax against property or against a property owner as a direct consequence of ownership of that property, it is and incurred charge within the meaning of that section and the statutes implementing it because:
(1) It allows the owner to control incurring the charge by determining the extent of development to occur upon the property;
(2) It allows the owner to determine when the charge is to be incurred by controlling when the development occurs; or
(3) State law and the ordinances of this city require the owner to provide a means for water to traverse across the property if obstacles (driveway) are placed upon the natural flow of the surface water runoff. The provisions of this basic requirement are a routine obligation of the owner of the effected property and are essential to the health and safety of the community.
(C) A non-refundable fee to initiate the culvert plan is established by a resolution of the City Council.
(D) Any additional costs, including inspection and engineering costs incurred by the city for inspection and engineering expenses to ensure that the plans are consistent with the requirements of this subchapter and that the culvert is built in accordance with its plan.
(Ord. 183, passed 19-18-1993; Ord. 197, passed 10-18-1993)